Brown v. Taylor, No. 16-11644 (5th Cir. 2018)
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After plaintiff filed a pro se complaint under 42 U.S.C. 1983, seeking damages for his mistreatment at various civil commitment facilities and a county jail, the Fifth Circuit vacated the district court's sua sponte dismissal of the complaint and remanded. In this appeal, plaintiff challenged another sua sponte dismissal.
The court affirmed in part, holding that plaintiff failed to state a due process claim based on his confinement in El Paso and Fort Worth. The court held that plaintiff has stated a due process claim against Anderson and Tarrant County, but not Defendant Taylor, for his post-bond confinement at the Cold Springs Jail. However, plaintiff failed to state a claim for his post-acquittal confinement at the Cold Springs Jail. The court also held that plaintiff failed to state a retaliation claim against Defendant Taylor but stated a claim against Defendant Basham; and the district court abused its discretion in denying plaintiff leave to amend his complaint to include the claims against defendants in their official capacity. Accordingly, the court vacated in part and remanded for further proceedings.
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